If on cross-examination a question asks for information not contained in the witness statement, how may the witness respond?

• A. The witness may respond with any answer, so long as it is responsive to the question, does not contain unnecessary elaboration beyond the scope of the witness statement, and does not contradict the witness statement.
• B. The witness must refuse to answer.
• C. The witness may refuse and provide only a yes or no.
• D. The witness may reveal sources outside the statement.

Answer: (A)

In cross-examination, what the witness has said in their statement is the anchor for their oral evidence. If a question asks for information not contained in that statement, the witness may answer, but the reply must be directly responsive to the question and stay within what the statement already covers, without adding new facts or contradicting what’s written. This allows the witness to clarify or confirm aspects of their evidence without expanding the record with information outside the statement. So the allowed approach is a concise, relevant answer drawn from the scope of the statement, avoiding unnecessary elaboration. Refusing to answer, limiting to a yes/no, or bringing in sources outside the statement would stray from how the evidence is kept anchored to the written record.